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(영문) 의정부지방법원 2015.06.30 2014노1352

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on the Defendant’s ex officio determination, the record reveals that the Defendant was sentenced to imprisonment with prison labor for each of the crimes Nos. 1 and 2 in the Incheon District Court on October 1, 2013, and one year and eight months of imprisonment with prison labor for the remaining crimes. The Defendant appealed from the Incheon District Court on December 19, 2013, and the Defendant appealed each of the crimes Nos. 1 and 2 in the Incheon District Court on December 19, 2013, with the exception of the above crimes, the dismissal judgment is dismissed, and since the above judgment became final and conclusive on January 28, 2014 after being sentenced to imprisonment with prison labor for the remaining crimes except for the above crimes, the lower court’s judgment is not subject to exemption from punishment for the crimes under Article 37(1) of the Criminal Act, and the latter part of the Criminal Act, with the exception of the No. 10599, and the remaining crimes subject to concurrent crimes under Article 37(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by the court as stated in the judgment of the court was sentenced to imprisonment for three months with prison labor for each of the crimes Nos. 1 and 2 in the Incheon District Court on October 1, 2013, and one year and eight months for the remaining crimes. The defendant appealed and appealed from the Incheon District Court on December 19, 2013, respectively. < Amended by Act No. 11604, Dec. 19, 2013>